Law Officers Render Their Services Above Self, Must Be Given Due Respect: Madras High Court Issues Directions To Govt

"It is like walking on a tight rope, for, there cannot be any deprivation of personal liberty, even to a single individual at the cost of larger public interest, as for as possible, more so, in the absence of correct and proper instructions in time. The Law Officers are subjected to mental pressure and face difficulties in getting proper instructions due several factors such as laid back attitude of certain officers for want of man power, fear of facing court of law, fear of taking responsibility, their future career prospects in the event of failure, travel to long distances, physical disabilities, lack of reward and also unwillingness to work."

The directions issued involve treating of law officers with due respect, disbursal of fees and special fee claimed by the Advocate General and Additional Advocate General for appearing in cases, revision of fee regularly, promptness in getting legal opinions on time, etc.

The development comes in a writ petition filed by former AAG S. Ramasamy against denial of special fees claimed by him.

The court considered in detail the services provided by the Law Officers appointed by the government. It highlighted how these law officers perform their services without a profit motive for a nominal fee as compared to their lucrative private practice, more particularly the top law officers.

It also took note of special instructions by the Chief Secretary that payment of special fees to Advocate General are not to be questioned. 

Thus, the High Court quashed the communication dated 18.01.2011 and directed the State to settle the bills within 8 weeks.

"Unfortunately, the impugned E-Mail challenged in the present Writ Petition reflect the same mentality of an individual officer treating the highly placed Law Officer on par with him and unable to the digest the special fee paid to him contrary to the concerted decision taken by the high level committee. It is the same mentality that as to how a Law Officer is bigger than me and as to why he should be paid more than a Government servant. Actuated by such mala fide, the impugned letter came to be issued exercising the power arbitrarily," remarked the Bench.

It further issued the following directions:

(a) The Law Officers shall be given due respect for their dedication in defending the Government.

During the hearing, Additional Advocate General Mr. J. Ravindran made arguments against unnecessary impleadment of State's Chief Secretary in various matters, without ascertaining whether he is a necessary party or not.

In this light, the Court court directed the registry to peruse the relief and the arrayal of parties, who are necessary for granting the same.